Madras High CourtTR CMP/296/2016allowed

D. Johnsi v. A. Victor Paul

2016-07-27Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Transfer Civil Miscellaneous Petition No.296 of 2016 and C.M.P.No.8034 of 2016 D.Johnsi ... Petitioner vs A.Victor Paul ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw I.D.O.P.No.180 of 2015 on the file of Principal District Court, Tiruvallur and try along with M.C.No.533 of 2014 on the file of II Additional Family Court, Chennai.

For Petitioner :

M/s.A.Sumathy For Respondent :

No appearance *****

O R D E R

Even though the respondent has been served and the name of the respondent appears in the cause list, the respondent has not chosen to appear before this Court either in person or through a pleader. Hence, the matter is decided on merits.

2. Petitioner has filed the present petition seeking transfer of I.D.O.P.No.180 of 2015 on the file of Principal District Court, Tiruvallur and try along with M.C.No.533 of 2014 on the file of II Additional Family Court, Chennai.

3. Learned counsel for petitioner/wife submits that the respondent/husband has filed I.D.O.P.No.180 of 2015 on the file of Principal District Court, Tiruvallur, seeking divorce. The petitioner/wife has filed M.C.No.533 of 2014, on the file of II Additional Family Court, Chennai, seeking maintenance. https://hcservices.ecourts.gov.in/hcservices/

Submitting that the petitioner is residing at Villivakkam along with her parents and hence, she finds it difficult to attend the hearing of the case, learned counsel prays for transfer. Further, the learned counsel submit that since both the parties have filed petitions, it would be desirable to have both the matters together.

4. Considering the submissions made, this Court directs transfer of I.D.O.P.No.180 of 2015 on the file of Principal District Court, Tiruvallur, to the file of the II Additional Family Court, Chennai.

5. The Transfer Civil Miscellaneous Petition, accordingly, is ordered. No costs. Consequently, connected miscellaneous petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar ub To 1.The Judge, Principal District Court, Tiruvallur.

2.The Judge, II Additional Family Court, Chennai.

Transfer Civil Miscellaneous Petition No.296 of 2016 aa22/08/2016 https://hcservices.ecourts.gov.in/hcservices/